FCCPC Accuses Coca-Cola of Misleading Nigerians

By Adedapo Adesanya

The Federal Competition and Consumer Protection Commission (FCCPC) has accused Coca-Cola Nigeria Limited and the Nigerian Bottling Company (NBC) of misleading trade descriptions and unfair marketing tactics.

According to the consumer protection agency, the offence was based on their products, using the copy Original Taste, less Sugar, according to a statement.

The commission in the statement found Coca-Cola Nigeria and NBC in violation of section 116 of the FCCPC Act as well as section 124 1(a) of the Commission’s Establishment Act.

Detailing the accusation of years of investigation, FCCPC said Coca-Cola Nigeria Limited and NBC were guilty of deceiving the public by describing the variant of its Coca-Cola ‘Original Taste, Less Sugar’ as the same as its ‘Original Taste’ variant in terms of formulation.

The agency stressed that the issue of Abuse of Dominance and the appropriate penalty under the FCCPA and Administrative Penalties Regulation 2020 (APR) have been reserved for further regulatory action, with penalties to be imposed in due course.

“Accordingly, and considering that the conduct continues and remains, the Commission has entered, issued and served its Final Order on Coca-Cola and NBC on July 29, 2024. The Final Order contains the Commission’s findings:

“Misleading trade descriptions under Section 116 FCCPA by continuing to mislead consumers to believe Coca-Cola Original Taste is not materially different from Coca-Cola Original Taste ‘Less Sugar’.”

“Unfair marketing tactics: Contrary to Section 124(1)(a) of the FCCPA, Coca-Cola Nigeria markets Coca-Cola Original Taste Less Sugar in packaging first, indistinguishable, and now not sufficiently distinguishable from Coca-Cola Original Taste, contrary to Sections 123(1)(a), (b), and (c) of the FCCPA”, the commission added.

Business Post understands that Coca-Cola has yet to react to the accusation as of the time of filing this report.